Customs Act (No. 3) 1965

Legislation au C1965A00133 Not in force Act

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Customs (No. 3)

No. 133 of 1965

An Act to amend various Acts relating to the Customs in connexion with Decimal Currency.

[Assented to 18 December, 1965]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Customs Act (No. 3) 1965.


(2.) The Customs Act 1901–1963, as amended by the Customs Act 1965, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Customs Act 1965 is amended by omitting sub-section (3.).

(4.) Section 1 of the Customs Act (No. 2) 1965 is amended by omitting sub-sections (2.) and (3.) and inserting in their stead the following sub-sections:—

“(2.) The Customs Act 1901–1963, as amended by the Customs Act 1965 and the Customs Act (No. 3) 1965, is in this Act referred to as the Principal Act.

“(3.) Section 1 of the Customs Act (No. 3) 1965 is amended by omitting sub-section (5.).”.

(5.) The Principal Act, as amended by this Act, may be cited as the Customs Act 1901–1965.

Commencement.

2. This Act shall come into operation on the fourteenth day of February, One thousand nine hundred and sixty-six.

When goods deemed to be the produce or manufacture of a country.

3. Section 151 of the Principal Act is amended by omitting the words “Customs Tariff 1965 (other than section nineteen of the last-mentioned Act)” (wherever occurring) and inserting in their stead the words “Customs Tariff 1966 (other than section twenty of the last-mentioned Act)”.

Direct shipment to Australia required for certain preferences.

4. Section 151a of the Principal Act is amended by omitting from sub-section (1.) the words “Customs Tariff 1965 (other than section nineteen of the last-mentioned Act)” and inserting in their stead the words “Customs Tariff 1966 (other than section twenty of the last-mentioned Act)”.

Value for duty.

5. Section 153a of the Principal Act is amended by omitting the words “Customs Tariff 1965” and inserting in their stead the words “Customs Tariff 1966”.

Customs may take goods on paying the declared value plus 10 per cent.

6. Section 161 of the Principal Act is amended by omitting from sub-section (1.) the word “pounds”.

Minimum penalty.

7. Section 243 of the Principal Act is amended by omitting the words “which is prescribed in pounds” and inserting in their stead the words “pecuniary penalty specified in this Act, other than in section two hundred and forty, in respect of that offence”.


Additional amendments of Customs Act (No. 2) 1965.

8.—(1.) The Title to the Customs Act (No. 2) 1965 is amended by adding at the end thereof the words “and by the Customs Act (No. 3) 1965”.

(2.) Section 3 of the Customs Act (No. 2) 1965 is amended by omitting from the definition of “Less developed country” set out in that section the words “Customs Tariffs 1965” and inserting in their stead the words “Customs Tariff 1966”.

(3.) Section 4 of the Customs Act (No. 2) 1965 is amended—

(a) by omitting from sub-section (1.) of section 151 set out in that section the words “Customs Tariffs 1965 (other than section nineteen of the Customs Tariffs 1965)” and inserting in their stead the words “Customs Tariff 1966 (other than section twenty of the last-mentioned Act)”;

(b) by omitting from sub-section (2.) of section 151 set out in that section the words “Customs Tariffs 1965 (other than section nineteen, or a direction under section twenty a, of the Customs Tariffs 1965)” and inserting in their stead the words “Customs Tariff 1966 (other than section twenty, or a direction under section twenty-two, of the last-mentioned Act)”;

(c) by omitting from sub-section (3.) of section 151 set out in that section the words “section twenty a of the Customs Tariffs 1965” and inserting in their stead the words “section twenty-two of the Customs Tariff 1966”;

(d) by omitting from paragraph (b) of sub-section (3.) of section 151 set out in that section the words “section nine a of the Customs Tariffs 1965” and inserting in their stead the words “section eleven of the Customs Tariff 1966”;

(e) by omitting from sub-section (8.) of section 151 set out in that section the words “Customs Tariffs 1965 (other than section nineteen, or a direction under section twenty a, of the Customs Tariffs 1965)” (wherever occurring) and inserting in their stead the words “Customs Tariff 1966 (other than section twenty, or a direction under section twenty-two, of the last-mentioned Act)”;

(f) by omitting from sub-section (1.) of section 151a set out in that section the words “Customs Tariffs 1965 (other than section nineteen, or a direction under section twenty a, of the Customs Tariffs 1965)” and inserting in their stead the words “Customs Tariff 1966 (other than section twenty, or a direction under section twenty-two, of the last-mentioned Act)”; and


(g) by omitting from sub-section (3.) of section 151a set out in that section the words “section twenty a of the Customs Tariffs 1965” and inserting in their stead the words “section twenty-two of the Customs Tariff 1966”.

 

Overview

The Customs (No. 3) Act 1965 was enacted by the Parliament of Australia to address the need for amendments to various Acts relating to Customs in connection with the introduction of decimal currency in Australia. The Act aims to update the relevant Customs legislation to reflect the transition from pounds, shillings, and pence to dollars and cents, ensuring consistency and clarity within the Customs framework. The Customs (No. 3) Act 1965 amends the Customs Act 1901–1963 and subsequent amendments to reflect the decimal currency changes, updating references to monetary values and penalties accordingly. This legislative update was crucial to maintaining the integrity and effectiveness of the Customs system in the new decimal currency environment.

Scope and Application

The Customs Act (No. 3) 1965 amends various Acts relating to customs in connection with the transition to decimal currency in Australia. This legislation applies to all persons, entities, and industries involved in customs and excise matters, including importers, exporters, and customs brokers, as well as goods entering or leaving Australia. It has a national reach, affecting the entire Commonwealth of Australia. The Act updates references to monetary values and penalties to reflect the decimal currency system, ensuring consistency and accuracy in customs regulations. Notably, the Act does not introduce new substantive changes to customs laws but rather updates existing provisions to align with the decimal currency system. Subordinate instruments may further extend or clarify the application of this Act by providing additional details or exceptions as necessary.

Key Provisions

The Customs Act (No. 3) 1965 primarily serves to update and amend various provisions within the existing Customs Act, specifically in relation to decimal currency. Section 1 of the Act (section 1) establishes the name and citation of the Act as well as referencing the Principal Act, which is the Customs Act 1901–1963 as amended by the Customs Act 1965 and this Act. The Act commences on the 14th of February, 1966 (section 2). Among its key amendments, the Act updates references to the Customs Tariff 1965 to the Customs Tariff 1966 (sections 3 and 4), specifies that goods are deemed to be the produce or manufacture of a country under certain conditions (section 151), mandates direct shipment to Australia for certain preferences (section 151a), adjusts the value for duty (section 153a), and modifies the customs procedure for taking goods upon payment of the declared value plus 10 per cent (section 161). The Act also revises the minimum penalty provisions (section 243) and makes additional amendments to the Customs Act (No. 2) 1965 (section 8). The Customs Act (No. 3) 1965 imposes several obligations and requirements on the parties and entities it governs. Primarily, it mandates that any references to the Customs Tariff 1965 be updated to the Customs Tariff 1966 in various sections of the Principal Act and the Customs Act (No. 2) 1965. This ensures that the tariff rates and regulatory frameworks are aligned with the 1966 version. Additionally, the Act requires that certain goods be shipped directly to Australia to qualify for specific tariff preferences, thereby affecting import procedures and compliance requirements. Importers and exporters must ensure their practices adhere to these updated regulations to benefit from the specified tariff rates and preferences. The Act also updates the minimum penalty provisions, ensuring that the penalties for breaches are specified in a new form and adjusted accordingly. The Customs Act (No. 3) 1965 includes provisions for offences and penalties, although the specific maximum penalties are not detailed within the Act itself. The amendments to the minimum penalty provisions (section 243) suggest that penalties for breaches will now be specified in a different form, indicating that the penalties may vary depending on the specific offence. The Act does not specify the exact penalties but implies that the updated penalty framework will be more detailed and likely more stringent. Parties that fail to comply with the updated tariff regulations and import/export requirements may face civil or criminal consequences, including fines and other pecuniary penalties as prescribed under the Act. The precise penalties would be determined by the courts based on the nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.